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INDONESIA
RETORIKA: Journal of Law, Social, and Humanities
Published by Universitas Nahdlatul Ulama Nusa Tenggara Barat
ISSN : -     EISSN : 29637597     DOI : https://doi.org/10.69503/retorika
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Retorika : Journal of Law, Social, and Humanities adalah sebuah jurnal publikasi ilmiah yang di dalamnya mencakup permasalahan ilmu hukum, ilmu sosial, dan ilmu humaniora sebagai upaya untuk membuat sebuah wadah yang terintegrasi dengan ilmu pengetahuan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 34 Documents
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Perlindungan Hukum Bagi Para Pihak Dalam Perjanjian Leasing di Indonesia Anggi Tradesa; M. Jihan Febriza
Retorika: Journal of Law, Social, and Humanities Vol. 4 No. 2 (2026): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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Abstract

This study aims to analyze the forms of legal protection for the parties, particularly the lessee, in leasing agreements in Indonesia, as well as examine the legal protection mechanisms in ensuring legal certainty and justice in leasing financing practices. This study uses a normative legal method, which views law as written norms in legislation and legally binding behavioral guidelines. The research approach includes a statutory approach and a conceptual approach to understand relevant legal concepts. Primary, secondary, and tertiary legal materials are processed through inventory, classification, and systematization to facilitate analysis. The analysis is conducted using grammatical, systematic, and teleological legal interpretations, as well as legal theories and principles as analytical tools to assess the forms and mechanisms of legal protection. The results show that legal protection in leasing agreements is sourced from the Civil Code, OJK regulations, and the Consumer Protection Law, but standard agreement practices still place the lessee in a weaker bargaining position. Preventive and repressive mechanisms are available, but their effectiveness is limited, so legal protection must be designed in an integrative manner to ensure contractual certainty, balance, and justice.
Komentar Netizen Menjadi Hakim: Krisis Objektivitas Penegakan Hukum Pidana Akibat Dominasi Opini Publik Jamaludin Jamaludin; Tata Eliestiana Dyah A
Retorika: Journal of Law, Social, and Humanities Vol. 4 No. 2 (2026): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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Abstract The development of information technology and social media has driven the dominance of digital public opinion in criminal law enforcement in Indonesia, including the practice of trial by netizens, which has the potential to shift the objectivity, independence, and rationality of the justice system. This study aims to analyze the extent to which the dominance of public opinion shifts the objectivity of criminal law enforcement and how the phenomenon of trial by netizens triggers a crisis of objectivity in the criminal justice system. This study uses a normative legal research method with a statutory approach, a case approach, and a conceptual approach. The types and sources of legal materials are primary, secondary, and tertiary legal materials. The legal material collection technique is carried out through literature studies and analyzed qualitatively using legal reasoning and interpretation methods. The research results show that the dominance of public opinion in mass and social media has the potential to shift the objectivity of criminal law enforcement, because massive public pressure encourages law enforcement to be more responsive to social demands than to the principles of legality, presumption of innocence, and legal proof, thus risking weakening due process, judicial independence, and the objectives of the New Criminal Code for sentencing, which emphasize justice and human dignity. The phenomenon of trial by netizens shows that the digital space has transformed into an arena for social judgment that precedes the formal judicial process. Public opinion that goes viral on social media has the potential to suppress the objectivity of law enforcement, influence the decisions of law enforcement officers, and reduce the independence of judges. This condition also risks weakening the principles of due process of law and the protection of human rights, thus presenting a crisis of objectivity in the criminal justice system. Keywords: Netizen Comments; Judges; Objectivity Crisis; Criminal Law Enforcement; Public Opinion Dominance
Perlindungan Hak Kekayaan Intelektual Dalam Rangka Memberikan Kepastian Hukum di Indonesia Burhanudin; Tata Eliestiana Dyah A
Retorika: Journal of Law, Social, and Humanities Vol. 4 No. 1 (2025): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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Abstract

The advancement of a knowledge-based economy positions intellectual property rights as an important legal instrument for fostering innovation and safeguarding creative works. Nevertheless, the plurality of intellectual property regulations continues to generate issues related to normative consistency and legal certainty. This study aims to examine the consistency of legal norms governing intellectual property protection and to evaluate the fulfillment of the principle of legal certainty within Indonesia’s legal regulatory system. The research employs a normative legal method using statutory and conceptual approaches. Legal analysis is carried out through grammatical, systematic, and teleological interpretation based on legal theory and legal principles. The findings reveal that, first, intellectual property legal norms are generally consistent in recognizing exclusive rights as the foundation of legal protection, although disparities remain in the regulation of enforcement mechanisms and sanctions across different statutes. Second, intellectual property protection norms have, in principle, satisfied the requirement of legal certainty through clear regulation of protected objects, legal subjects, and protection periods; however, further strengthening of normative consistency is still necessary. Harmonization of norms in accordance with the principles governing legislative formation is therefore essential to achieve equitable intellectual property protection
Status Hukum Karya Intelektual yang Dihasilkan oleh Kecerdasan Buatan dalam Rezim Hukum Paten Indonesia Anggi Purnama Tradesa; Lalu Mariawan Alfarizi
Retorika: Journal of Law, Social, and Humanities Vol. 3 No. 2 (2025): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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Abstract

This study aims to analyze the legal status of intellectual works produced by artificial intelligence in the Indonesian patent law regime through a normative legal approach, as well as determining the legitimate patent holder for inventions produced by artificial intelligence when human contribution to the invention process is minimal or indirect. This study uses a normative legal method, which views law as written norms in legislation and legally binding behavioral guidelines. The research approach includes a legislative approach and a conceptual approach. Primary, secondary, and tertiary legal materials are processed through inventory, classification, and systematics to facilitate analysis. The analysis is carried out by applying grammatical, systematic, and teleological legal interpretations, and using legal theory and principles as analytical tools to assess the form and mechanism of legal protection. The research results indicate that the analysis and discussion outlined above can lead to the conclusion that Indonesia's patent law regime, which still requires inventors to be human legal subjects, is not fully capable of guaranteeing legal certainty for inventions produced by artificial intelligence. The concept of inventor in Law Number 13 of 2016 concerning Patents still relies on an anthropocentric paradigm, which links inventions directly to human cognitive abilities and legal responsibilities.
Kajian Politik Hukum sebagai Instrumen Menjamin Stabilitas Sistem Ketatanegaraan Indonesia Habibul Umam Taqiuddin; Titi Tantri
Retorika: Journal of Law, Social, and Humanities Vol. 4 No. 1 (2025): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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This research aims to: (1) analyze the role of legal politics in maintaining the stability of the state system, and (2) assess the conformity of legal political policies with legal principles and constitutional principles. The research uses normative legal methods with a statutory and conceptual approach. The legal materials include primary, secondary, and tertiary materials analyzed through grammatical, systematic, and teleological interpretations, supported by a study of legal theory and legal principles. The results of the research indicate, first, that legal politics functions as a strategic instrument in maintaining the stability of state administration, regulating inter-institutional coordination, and ensuring administrative order. Clearly and consistently formulated policies enable the state to balance public interests with the goals of effective governance. Second, the conformity of legal political policies with legal and constitutional principles such as legal certainty, justice, expediency, and proportionality is crucial to their effectiveness. Policies must align with higher norms, be consistent across institutions, and be easily understood and implemented. With this alignment, legal politics is not only normatively legitimate but also supports the order, stability, and sustainability of the Indonesian state system
PRINSIP-PRINSIP HUKUM DAN BENTUK PENYELESAIAN SENGKETA KONTRAK DAGANG INTERNASIONAL Tata Eliestiana Dyah A; Jamaludin Jamaludin
Retorika: Journal of Law, Social, and Humanities Vol. 3 No. 1 (2024): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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Abstract International business contracts regulate the legal relations of parties across countries within different legal systems, potentially creating legal uncertainty if not carefully formulated. The existence of a choice of law clause is a crucial element in international trade contracts to ensure legal certainty, provide protection for the parties, and prevent future disputes. This study aims to analyze the legal principles underlying international trade contracts and examine the dispute resolution mechanisms used in international business contract practice. This study uses a normative legal research method with a statutory and conceptual approach. The legal materials used include primary, secondary, and tertiary legal materials. The collection of legal materials was carried out through literature studies, with legal material analysis using the legal interpretation method. The research findings show that the principles of international commercial contract law, including party autonomy, choice of law, and good faith, serve as the foundation for ensuring legal certainty and balancing the interests of parties across jurisdictions. Supporting principles such as lex loci contractus, real connection, and separability clauses ensure legal enforceability when the choice of law is unclear or the contract is disputed. In dispute resolution practice, litigation and ADR mechanisms are strategically applied, with arbitration occupying a primary role due to its final, binding, and easily enforceable cross-border nature, while mediation and other forms of ADR serve as cooperative mechanisms to maintain business relationships. The integration of these principles with dispute resolution mechanisms underscores the importance of legal norm harmonization and contractual efficiency in international commercial transactions.
CATCALLING DALAM PERSPEKTIF HUKUM PIDANA: SUATU TINJAUAN TERHADAP PELECEHAN VERBAL DI RUANG PUBLIK Jamaludin Jamaludin; Ramdani Abd. Hafizh Ramdani Abd. Hafizh; Tata Eliestiana Dyah A Tata Eliestiana Dyah A
Retorika: Journal of Law, Social, and Humanities Vol. 3 No. 1 (2024): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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Abstract Sexual harassment in public spaces, particularly in the form of catcalling, is a common occurrence but is often considered trivial. However, these sexually charged verbal acts have the potential to demean the victim and have serious consequences, necessitating clear boundaries and assessments from a criminal law perspective in Indonesia. This study aims to analyze the definition and boundaries of catcalling as a form of verbal sexual harassment in public spaces from a criminal law perspective in Indonesia and to examine its impact on victims. This study uses a normative legal research method with a statutory, conceptual, and case-based approach. The legal materials used include primary, secondary, and tertiary legal materials collected through literature review. The legal materials were analyzed using legal interpretation methods. The results of the study indicate that catcalling is a form of verbal sexual harassment that contains unwanted elements, is sexually oriented, and demeans the victim's dignity, so it can be qualified as a crime against morality that is contrary to the values ​​of human rights protection and the principle of victim protection in criminal law. The limitations of catcalling as verbal harassment in public spaces include the presence of unwanted remarks or gestures, carried out in public spaces, and causing a feeling of insecurity for the victim. In addition, catcalling has a multidimensional impact on the victim, both psychologically in the form of trauma, fear, and mental health disorders, socially in the form of anxiety, restricted movement, and decreased self-confidence, as well as economically which affects productivity, opportunities for social mobility, and increased expenditure on the victim's needs.
Tanggung Jawab Hukum Tenaga Kesehatan Dalam Kasus Malpraktek Medik di Rumah Sakit Irpan Suriadiata; Anggi Purnama Tradesa; Angga Dinata
Retorika: Journal of Law, Social, and Humanities Vol. 4 No. 1 (2025): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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This study aims to analyze the legal responsibility of health workers in cases of medical malpractice in hospitals according to Indonesian laws and regulations. It also examines the construction of legal responsibility of health workers in cases of medical malpractice from the perspective of civil, criminal, and administrative law. It also examines the legal responsibility of hospitals for medical malpractice committed by health workers within the framework of employment relationships and the provision of health services. This study uses a normative legal method, which views law as written norms in laws and regulations and legally binding behavioral guidelines. The research approach includes a statutory approach and a conceptual approach. Primary, secondary, and tertiary legal materials are processed through inventory, classification, and systematics to facilitate analysis. The analysis is conducted by applying grammatical, systematic, and teleological legal interpretations, and using legal theory and principles as analytical tools to assess the forms and mechanisms of legal protection. The research findings indicate that the legal system needs to reconstruct its accountability framework by clarifying the boundaries between medical risk and malpractice, and assigning civil, criminal, and administrative responsibilities proportionally. Hospitals should strengthen their institutional accountability through the application of the principles of vicarious liability and corporate liability, ensuring effective oversight, procedures, and risk management. Preventive approaches, health law education for medical personnel, and non-litigation dispute resolution mechanisms can improve patient safety
Kedudukan Konvensi Ketatanegaraan Dalam Sistem Ketatanegaraan Indonesia Habibul Umam Taqiuddin
Retorika: Journal of Law, Social, and Humanities Vol. 2 No. 2 (2024): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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constitutional system, 2) assess the role of constitutional conventions in supporting order, balance of power, and legal certainty at the national level. This study is a normative legal study that uses a statutory approach, a conceptual approach, and an analytical approach, by examining written norms and the practice of constitutional conventions through legal theory, legal principles, and legal interpretations that include grammatical, systematic, and teleological interpretations. The legal materials used consist of primary, secondary, and tertiary sources, which are analyzed to obtain a comprehensive picture of the position and function of conventions. The results of the study indicate that constitutional conventions have a strategic position as unwritten norms that complement formal regulations and provide guidelines for state institutions in exercising their authority, so that government practices remain consistent with the principles of the rule of law. In addition, conventions play a role in maintaining order between institutions, balancing power, preventing abuse of authority, strengthening the legitimacy of institutional decisions, and guaranteeing legal certainty for the community, thus becoming an important instrument in strengthening the Indonesian constitutional system both from an institutional and legal certainty perspective.
Pendidikan Agama Islam sebagai Instrumen Peningkatan Moralitas Untuk Mendukung Pemberantasan Korupsi Baiq Mulianah
Retorika: Journal of Law, Social, and Humanities Vol. 2 No. 2 (2024): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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This study aims to: 1) Analyze the contribution of Islamic religious education in fostering individual morality to prevent corrupt behavior, 2) Assess the role of Islamic religious education in supporting efforts to eradicate corruption in Indonesia. The study uses a literature study method, with data collection through primary and secondary data, as well as data analysis techniques in the form of data reduction, data presentation, and drawing conclusions. The results of the study indicate that Islamic religious education has a strategic role in shaping individual morality through internalizing the values ​​of honesty, responsibility, justice, and integrity. These values ​​equip individuals with ethical awareness to reject corrupt practices, both in personal life and social interactions, and foster sustainable anti-corruption behavior. In addition, Islamic religious education also contributes to strengthening the anti-corruption culture at the social and institutional levels, encouraging the creation of collective norms that reject corruption, strengthening integrity in decision-making, and supporting the creation of an ethical society and a clean, accountable, and just government system. This study emphasizes the importance of Islamic religious education as a strategic instrument in eradicating corruption in Indonesia.

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